| 1 | | - | By: Anderson of Dallas (Senate Sponsor - Birdwell) H.B. No. 2235 |
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| 2 | | - | (In the Senate - Received from the House May 18, 2015; |
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| 3 | | - | May 18, 2015, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 22, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 8, Nays 0; May 22, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2235 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the eligibility requirements of a notary public. |
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| 12 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 7 | | SECTION 1. Section 406.004, Government Code, is amended to |
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| 14 | 8 | | read as follows: |
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| 15 | 9 | | Sec. 406.004. ELIGIBILITY. (a) Each person appointed and |
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| 16 | 10 | | commissioned as a notary public shall be at least 18 years of age |
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| 17 | 11 | | and a resident of the State of Texas and must not have been |
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| 18 | 12 | | convicted of a felony or crime involving moral turpitude. |
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| 19 | 13 | | (b) If the secretary of state discovers, at any time, that |
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| 20 | 14 | | an applicant to be a notary public or a commissioned notary public |
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| 21 | 15 | | is not eligible to serve as a notary public, the secretary of state |
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| 22 | 16 | | shall: |
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| 23 | 17 | | (1) reject the notary application; or |
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| 24 | 18 | | (2) revoke the notary commission. |
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| 25 | 19 | | SECTION 2. Section 406.009(d), Government Code, is amended |
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| 26 | 20 | | to read as follows: |
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| 27 | 21 | | (d) In this section, "good cause" includes: |
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| 28 | 22 | | (1) [a final conviction for a crime involving moral |
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| 29 | 23 | | turpitude; |
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| 30 | 24 | | [(2)] a false statement knowingly made in an |
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| 31 | 25 | | application; |
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| 32 | 26 | | (2) [(3)] the failure to comply with Section 406.017; |
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| 33 | 27 | | (3) [(4)] a final conviction for a violation of a law |
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| 34 | 28 | | concerning the regulation of the conduct of notaries public in this |
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| 35 | 29 | | or another state; |
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| 36 | 30 | | (4) [(5)] the imposition on the notary public of an |
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| 37 | 31 | | administrative, criminal, or civil penalty for a violation of a law |
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| 38 | 32 | | or rule prescribing the duties of a notary public; or |
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| 39 | 33 | | (5) [(6)] performing any notarization when the person |
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| 40 | 34 | | for whom the notarization is performed did not personally appear |
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| 41 | 35 | | before the notary at the time the notarization is executed. |
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| 42 | 36 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 43 | | - | * * * * * |
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| 37 | + | ______________________________ ______________________________ |
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| 38 | + | President of the Senate Speaker of the House |
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| 39 | + | I certify that H.B. No. 2235 was passed by the House on May |
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| 40 | + | 15, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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| 41 | + | voting. |
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| 42 | + | ______________________________ |
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| 43 | + | Chief Clerk of the House |
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| 44 | + | I certify that H.B. No. 2235 was passed by the Senate on May |
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| 45 | + | 25, 2015, by the following vote: Yeas 31, Nays 0. |
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| 46 | + | ______________________________ |
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| 47 | + | Secretary of the Senate |
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| 48 | + | APPROVED: _____________________ |
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| 49 | + | Date |
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| 50 | + | _____________________ |
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| 51 | + | Governor |
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